OM Property Management v Hughes & Others
Subject matter: Landlord and tenant, Service charges, Major works, Landlord and Tenant Act 1985, Services Charges (Consultation Requirements)(England) Regulations 2003, Consultation notice, Compliance with statutory consultation requirements, Failing to specify end date for consultation.
The failure expressly to specify a calendar date by which observations in response to a major works consultation notice were to be made did not amount to non-compliance with paragraph 11(10)(c)(iii) Part 2 Schedule 4 Service Charges (Consultation Requirements) (England) Regulations 2003. It was sufficient that the recipient of the notice could work out the date from a form of words; it was not essential to specify a date of the calendar year by name.
A management company’s stated intention in a consultation notice to enter into a contract with a particular contractor did not suggest that the management company had already made up its mind and that the consultation process was, in effect, over. Rather, it merely informed of the management company’s provisional intention subject to further consideration of any observations made in response to the notice.
Alexander Bastin acted for OM Property Management Ltd.
Disclaimer
This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.
Contact
Please note that we do not give legal advice on individual cases which may relate to this content other than by way of formal instruction of a member of Gatehouse Chambers. However, if you have any other queries about this content please contact:
